Schley v. Couch

155 Tex. 195, 284 S.W.2d 333 (1955)

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Nature of the Case

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Facts

Schley (P) bought a parcel of real property, upon which was built a garage. The back half of the garage had a dirt floor. Shortly after buying the property, P hired Couch's (D) employer to install a concrete floor in the back half of the garage. In the course of performing this work, D found $1000 cash which had been placed in a glass jar and buried in the dirt floor. The true owner of the money was not found. At trial, the jury found that the money was 'mislaid,' as opposed to 'lost,' property. Based on this finding the court entered judgment for P as bailee of the true owner. The Court of Appeals reversed, finding that the money was neither lost nor mislaid property but was treasure trove, and the right of possession was with the finder.